Medical teleconsultation: ethical limits and the risk of informational negligence

• Autor(a) principal: Calado, Vinicius de Negreiros
• Data de Publicação: 2020
• Outros Autores: Lamy, Marcelo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Cadernos Ibero-Americanos de Direito Sanitário (Online)
• Texto Completo: https://www.cadernos.prodisa.fiocruz.br/index.php/cadernos/article/view/713
• topic: Remote consultation; Codes of ethics; Malpractice; Malpractice; Códigos de ética; Mala praxis; Consulta remota; Códigos de ética; Imperícia

Objective: to analyze the current legislation on teleconsultation, based on the concept of medical consultation and the need for the physical examination of the patient for its characterization, as well as the limitations imposed by the Code of Medical Ethics (CEM) of the Federal Council of Medicine (CFM), and by the opinions and resolutions of the Regional Councils, aiming to point out its limits and risks of informational medical negligence. Methods: qualitative and integrative review of current legislation, specialized medical and legal literature on the issue. Results: The practice of telemedicine is regulated by the Federal Council of Medicine (CFM), but teleconsultation is not expressly recognized by the entity. After the entry into force of the Administrative Rule No. 467/2020 from Ministry of Health (MS) and Law No. 13.989 / 2020, which expressly allows for teleconsultation in an exceptional and transitory nature, it was found that the Regional Councils of Medicine of the states adopted divergent positions regarding the theme. It was also evident that the opinion of the Federal Council of Medicine No. 14/2017 is binding and allows a "communication" between the doctor and his patient by technological resources, as long as these are already served by him. Conclusion: teleconsultation is an ethical and possible medical practice, since it is not prohibited by CFM Resolution No. 1,643 / 2002, addressed directly in Opinion CFM nº 14/2017, but it depends on a previous doctor - patient relationship for ordinary situations, being deferred (and never dispensed) in emergency situations, being the formalization of digital informed consent by any means of information and communication technology is necessary, as long as it guarantees the integrity, security and confidentiality of information.